HomeMy WebLinkAbout3241_001VILLAGE OF MOUNT PROSPECT
DRAFT T41,TLTI-FAMILY RENTAL LANDLORD/"TENANT ORDINANCE
CHAPTER ONE Lease Agreements
I. TITLE, PURPOSE AND SCOPE:
(A) Short Title: This Chapter shal.1 be known and may be cited as the
"Residential Landlord and Tenant Ordinance".
(B) Purpose and Declaration of Policy: It is the purpose of this
Chapter and the policy of the Village, in order to protect and
promote the public health, safety and welfare of the citizens,
to establish rights and obligations of the landlord and the
tenant in the rental. of dwelling units and to encourage the
landlord and the tenant to maintain and improve the quality of
housing,
(C) Construction of Chapter: This Chapter shall be liberally
construed and applied to promote Its purposes and policies.
(D) Scope:
1. Territorial Application: This Chapter applies to, regulates
and determines rights, obligations and remedies ittider a
rental agreement, wherever made, for a dwelling mi[t
located within the Village.
2. Exclusions: Unless created to avoid the application of
this Chapter, the following arrangements are not governed
by this Chapter.
a. Residence at a public or private medical., geriatric,
educational or religious institution;
b. Occupancy under a contract of sale of a dwelling unit
if the occupant is the purchaser;
C. Occupancy in a. structure operated for the benefit of
a social or fraternal organization; or
d. Transient occupancy in a hotel or motel.
Ii. GENERAL DEFINITIONS: PRINCIPLES OF INTERPRETATION:
(A) General Definitions: Subject to additional definitions contained
in subsequent sections of this Chapter.
ACTION:
Includes recoupment, counter -claim, setoff, Suit in equity,
and any other proceeding in which rights are determined,
including an action for possession.
CODE:
Includes any ordinance or., governmental re�.,,ulati(,n concern] -rig
fitness for habitation, or the construction, m,iintenance,
operation, occupancy, use or appearance of any 1,remises
or dwelling unit,
COMMON AREA:
Includes a part or area of the premises not: within any
dwelling unit.
RENTAL UNIT:
A structure or the part of a structure that is used as a
home, residence or sleeping place by one or more persons
who maintain a household and not occupied by the owner of
record.
FAIR RENTAL VALUE-.
The prevailing value of corr arable rental. units in the
Village,
LANDLORD:
The owner, lessor or sublessor of the dwelling unit or the
building of which it is a part. An owner is one or more
persons, jointly or severally in whom is vested all or
part of the legal. title to property, or all or part of the
beneficial ownership and a right to present use and
enjoyment of the premises, including a mortgagee in possession.
PERSON:
An individual or a corporation, government, governmental
subdivision or agency, business trust, estate, trust,
partnership or association or any other legal or zommercial
entity.
PREMISES:
A dwelling unit and the structure of which it is a part,
and facilities and appurtenances therein, and grounds, areas
and facilities held out for the use of tenants.
RENT:
All payments to be made to the landlord under the rental
agreement.
RENTAL AGREEMENT:
All written agreements and valid rules and regulations
adopted tinder Section 5-3--4-2 hereof embodying the terms
and conditions concerning the use and occupancy of a
dwelling unit and premises.
TENANT:
A person entitled under a rental agreement to occupy a
dwelling unit to the exclusion of others.
MULTI -FAMILY RENTAL STRUCTURE:
A building which contains three or more living units, of
which at least fifty percent (50%) are rental, units.
(B) Unconscionability: If the court finds the rental., agreement, or
a settlement in which a party waives or agrees to forego a
claim or right under this Chapter or tinder a rental agreement,
to have been unconscionable when inr.i.de, the court may grant the
following rel.i.ef :
1. Nonenforcement; or
2. Nonenforcement of the unconscionable provision only; or
3. Limit the application of any provision to avoid an
unconscionable result.
(C) Notice: A person has notice of a fact if;
1. He has actual knowledge of it;
2. fie has received notice of it; or
3 From all the facts and circumstances known to him at the
time in question, he has reason to know that it exists.
A person given notice to another by taking steps reasonably
calculated to inform the other in ordinary course whether
or not the other actually comes to know of it.
III, RENTAL AGREEMENTS - TERMS AND CONDITIONS OF RENTAL
AGREEMENT:
(A) The landlord and tenant may include in a rental agreement terms
and conditions not prohibited by this Chapter and other rule of
law including rent, term of the agreement and other provisions
governing the rights and obligations of the parties,
(B) All leases between landlords and tenants must be in writing,
signed by both parties and copies provided to both at the time
of signing.
(C) Rent is to be payable without demand or notice at the time and
place agreed upon by parties. Unless otherwise agreed, rent
is payable at the dwelling unit at the beginning of any term
of one month or less and otherwise in equal monthly installments
at the beginning of each month. Unless otherwise agreed, rent
shall be uniformly apportionable frou.i day to day.
IV. EFFECT OF UNSIGNED OR UNDELIVERED RENTAL AGREEMENT:
(A) If the landlord does not sign and deliver a written rental
agreement, signed and delivered to him by the tenant, acceptance
of rent without reservation by the landlord gives the rental.
agreement the same effect as if it had been signed and delivered
by the landlord, for the term set forth in the rental agreement,
(B) If the tenant does not sign and deliver a written rental
agreement, signed and delivered to him by the landlord, acceptance
of possession and payment of rent without reservation gives the
rental agreement the same effect as if it had been signed and
delivered by the tenant.
V. PROHIBITED PROVISIONS 'IN REY] I AL AGREEMENTS:
(A) Except as otherwise provided by this Chapter, no rental agreement
may provide that the tenant or the landlord:
1. Agrees to waive or to forego rights or remedies under this
Chapter.
2. Authorizes any person to confess judgment on a claim
arising out of the rental agreement-,
3. Agrees to the limitation of any liability of the landlord
or tenant arising under law or to indemnify the landlord
or tenant for that liability or the costs connected therewith.
(B) A provision prohibited by subsection (A) included in a rental
agreement is unenforceable. If a landlord deliberately uses a
rental agreement containing any provision known by him to be
prohibited, the tenant may recover actual damages sustained
by him and not more that two (2) months rent and reasonable
attorney's fees,
VI. TENANT OBLIGA'T.'IONS :
1, MAINTAIN DWH'1,IAN(,' UNII:
THE TENANT SHAIJ.,:
(A) Comply all. obliglo.ii-ons imposed upon teninr.s by provisions
of the, codes applicable to the duelling unit;
-
5
(B) Keep that part of the premises that he occupies and uses as
safe as the condition Of the premises permits;
(C) Dispose from his dwelling unit all ashes, rubbish, garbage and
other waste in a clean and safe mariner.
(D) Keep all. plumbing fixtures in the dwelling -unit or used by the
tenant as clean as their condition permits;
(E) Use in a reasonable manner all electrical, plumbing, sanitary,
heating, ventilating, air conditioning and other facilities
and appliances, including elevators, in the premises;
(F) Not deliberately or negligently destroy, deface, damage, impair
or remove any part of the premises or knowingly permit any
person to do so; and
(G) Conduct himself and require other persons on the premises with
his consent to conduct themselves in a mariner that will not
disturb his neighbor's peaceful- enjoyment of the preniLses.
(H) Maintain rental unit in a clean and sanitary condition and
provide for a general cleaning Of the apartment prior to
departure. (i.e. vacuum, clean appliances and plumbing fixtures,
patch nail. holes)
2. RULES ANT) REGULATIONS:
(A) The landlord from time to time, may adopt general rules or
regulations concerning the tenant's use and occupancy of the
premises. They are enforceable only if:
1. Their purpose is to promote the convenience, safety or
welfare of the tenants in the premises, preserve the
landlord's property froryi abusive use or make a fair
distribution of services and facilities among tenants;
2. They are reasonably related to the purpose for which they
are adopted;
3. They apply to all tenants in the premises in a fair manner;
4. They are sufficiently explicit to fairly inform the tenant
of what he must or must not do to comply;
5, They are not for the purpose of evading the obligations
of the landlord; and
6. The tenant has notice of them at the time he enters into
the rental agreement.
(B) A rule or regulation adopted after the tenant enters into the
rental agreement that substantially modifies his bargain is
not enforceable unless the teriant consents to it in writing.
3. ACCESS�
(A) The tenant shall not unreasonably witlihold consent to the
landlord and the Village Of MOL'.IAt Prospect to enter the dwelling
unit in order to inspect the premi.ses, make necessary or agreed
repairs, decorations, alterations or improvements, supply
necessary or agreed services or show the dwelling unit to
prospective or actual purchasers, mortga.gees, tenants or
workmen.
(B) The landlord may enter the dwelling unit without consent of
the tenant in case of emergency.
(C) The landlord shall not abuse the right of access or use it to
harass the tenant. Except in cases of emergency, or unless it
is impracticable to do so, the landlord shall give the tenant
at least two (2) days' notice of his intent to enter and may
enter only at reasonable times.
4TENANT'S [ISE AND OCCUPANCY OF DWELLING UNIT:
(A) Unless otherwise agreed, the tenant shall occupy his dwelling
unit only as a. dwelling unit.
VII. LANDLORD OBLIGATTONS:
1. SECURITY DEPOSITS AND PREPAID RENT:
(A) A landlord may not demand or receive security or prepaid rent
or any combination thereof in an amount in excess of one and
one-half months' rent; provided, however, that rent paid
on the first day of the month or uport any other day mutually
agreed upon by the parties, due and payable -in advance for that
month, shall not be construed herein as either security or prepaid
rent and therefore shall- not be included in the computation
of the aforesaid one and one-half (1k) months' rent.
(B) The landlord who receives security or prepaid rent from a
tenant must comply in f1111 w�ith Chapters 74 and 101 of the
111-irlois State Statutes which provide that interest lriw,r be
paid on security deposits in developments with 6 or m(we rental
units, and within thirty (30) days after the end of each twelve
(12) month renLal period, pay to the tenant any such interest
by cash or credit to be applied to rent due, except when the
tenant is in default under the terms of the rental agreement.
(C) Upon termination of the tenancy, property or money held by the
landlord as security or prepaid rent may be applied to the
payment of accrued rent and the amount of actual damages which
the landlord has suffered by reason of the tenant's noncompliance
with Section 5-3-4-1 hereof, all as itemized by the landlord
in a written notice delivered to the tenant together with the
amount due twenty one (21) days after tenant has vacated his
unit, provided that upon request of either party a walkthrough
inspection be conducted at the time of occupancy and again at
the time of departure and a written record made of deficiencies
to the rental unit, such statement to be signed by both landlord
and tenant. The routine decorating of an apartment after
departure (i.e. painting, shampooing, etc.) shall not be charged
to a security deposit provided the tenant has complied with
Section VI.I. above. Any security or prepaid rent not so
applied, and any interest on such security due to the tenant,
shall. be paid to the tenant within twenty one (21) days after
tenant has vacated his unit,
(D) only upon agreement by both landlord and tenant may security
deposit be applied to rental. obligation,
(E) If the landlord fails to comply with subsection M hereof, the
tenant may recover the property and money due him tot,,,other with
damages in an amount: equal. to twice the amount wrong,hilly
withheld and reasonable attorney's fees.
(F) This Section does not preclude the landlord or tenant from
recovering
_, other damages to which he may be entitled under this
Chapter.
- 5' -
2. DTSC.LOSURE :
(A) The landlord or any person authorized to enter into a rental
agreement on his behalf shall disclose to the tenant in writing
on or before the commencement of the tenancy:
1. The name, address and twenty four (24) hour telephone
number of the person authorized to manage the premises; and
2. The name and address of the owner of the premises or the
person authorized to act on behalf of the Owner for the
purpose of service of process and for the purpose of
receiving notices and demands.
(B) A person who fails to comply with Subsection (A) becomes
an agent of each person who is a landlord for:
1. Service of process and receiving of notices and demands;
and
2. Performing the obligations of the landlord under this
Chapter and under the rental. agreement and expending or
making available for that purpose all rent collected from
the premises.
(C) The information required to be furnished by Subsection (A) shall
be kept current. Subsections (A) and (B) extend to and are
enforceable against any successor landlord or manager.
(D) Before a tenant initially enters into or renews a rental
agreement for a dwelling unit, the landlord or any person
authorized to enter into a. rental agreement on his behalf shall
disclose to the tenant in writing any code violations which
have been cited by the Village for the dwelling unit and
common area. If the landlord fails to comply with this
Subsection (D), the tenant may pursue the remedies provided in
Sections or of this Chapter.
3. MAINTAIN FIT PREMISES:
(A) The landlord shall maintain the premises in substantial compliance
with the applicable codes of the Village and shall promptly
make any and all repairs necessary to fulfill this obligation,
(B) The landlord and tenant of any dwelling unit may agree that
the tenant is to perform specified repairs, maintenance tasks,
alterations or remodeling only if:
1. The agreement of the parties is entered into in good faith
and not for the purpose of evading the obligations of the
landlord and is set forth in a separate writing signed by
the parties and supported by adequate consideration; and
2. The agreement does not diminish or affect the obligation
of the landlord to other tenants in the premises,
4. LIMITATION OF LIABILITY:
(A) Unless otherwise agreed, a landlord who sells the premises is
relieved of liability under the rental agreement and this
Chapter for events occurring subsequent to written notice to
- e-
the tenant of the sale. However, he remains liable to the
tenant for any property and money to which the tenant is entitled
under Section-ZEL) I of this Chapter and all prepaid rent, unless
the tenant receives written notice that such property, money
and prepaid rent have been transferred to the buyer, and that
the buyer has accepted liability for such property, money and
prepaid rent.
(B) Unless otherwise agreed, the manager of the premises is relieved
of liability under the rental agreement and this Chapter for
events occurring after written notice to the tenant of the
termination of his management.
5. RECEIPTS:
(A) Upon request of the tenant a landlord must provide a written
receipt for any payments made (ie. rent, security deposits, etc.).
If payment is made by personal. check the cancelled check. shall
be considered a receipt.
VIII. LANDLORD REMEDIES:
1. NONCOMPLIANCE WITH RENTAL AGREEMENT:
FAILURE TO PAY RENT:
(A) If there is a material noncompliance by the tenant with the rental
agreement or with Section VI, 1. the landlord may deliver
written notice to the tenant specifying the acts and omissions
constituting the breach and that the rental agreement will
terminate upon a date not less than forty five (45) days after
receipt of the notice, 'unless the breach is remedied by the
tenant within thirty (30) days. If the breach is not remedied
by the tenant within thirty (30) days, the rental agreement shall
terminate as provided in the notice,
(B) If rent is unpaid when due, and the tenant fails to pay the
unpaid rent within ten (10) days after written notice by the
landlord of his intention to terminate the rental agreement if
the rent is not so paid, the landlord may terminate the rental
agreement.
(C) Except as provided herein, the landlord may recover damages and
obtain injunctive relief for any noncompliance by the tenant:
with the rental agreement or with Section VI, 1. If the tenant's
noncompliance is wilful, the landlord may recover reasonable
attorney's fees.
2. FAILURE TO MAINTAIN:
If there is material, noncompliance by the tenant with Section
VI, 1. hereof, and the tenant fails to comply as promptly as
conditions permit in case of emergency or within fourteen (14)
days of receipt of written notice by the landlord specifying
the breach and requesting that the tenant remedy it within that
period of time, the landlord may enter the dwelling unit and
have the work done in a workmanlike manner and submit a
receipted bill from an appropriate tradesman for the cost
thereof as rent on the next day when rent is due, or if the
rental agreement has terminated, for immediate payment, provided
that the landlord has fulfilled his affirinative obligations
under Section VII, 2. (D) and VII, 3, (A).
ABANDONMENT: SUBLEASES:
If the t- ' enant abandons the dwelling unit, the landlord shall
make good faith effort to rent it at a fair rental. This shall
include the acceptance of reasonable subleases, If the landlord
succeeds in renting the dwelling Unit at a fair, rental, the
tenant shall. be liable for the amount by which the rent due
- 7-
from the date of abandonment to the termination of the initial
rental agreement exceeds the fair rental subsequently received
by the landlord from the date of abandonment to the termination
of the initial rental agreement.. If the landlord makes a good
faith effort to rent the dwelling unit at a fair rental and is
unsuccessful, the tenant shall be liable for the rent due for
the period of the rental agreement. In either event, the tenant
shall be liable for the advertising expenses and reasonable
redecoration costs incurred by the landlord in rerenting the
dwelling unit.
Acceptance of rent with knowledge of a default by the tenant, or
acceptance of performance by him that varies from the terms of
the rental. agreement or rules or regulations subsequently adopted
by the landlord, constitutes a waiver of his right to terminate
the rental. agreement for that breach, unless otherwise agreed
after the breach has occurred.
REMEDY AFTER TEIRMINATION:
If the rental agreement is terminated, the landlord may have a
claim for possession and for rent and a separate claim for
damages for breach of the rental agreement and reasonable
attorney's fees, as provided in Section hereof,
6. DISPOSITION OF ABANDONED PROPERTY:
(A) Except as otherwise agreed, if, upon termination of a tenancy
(other than by an order of a court: of competent jurisdiction)
including, but not limited to, a termination after expiration of
a lease or by surrender or abandonment of the premises, a tenant
has left personal property on the premises, and the landlord
reasonably believes that the tenant has abandoned such personal
property, the landlord may:
Notify the tenant in writing of his demand that such
property be removed within the dates set forth in such
notice (but not less than 15 days after delivery or
mailing of such notice); and that if such property is not
removed within the time specified, the property may be
sold. If the property is not removed within the time
specified in such notice, the landlord may sell the
property at a public sale or at a commercially reasonable
private sale, The proceeds, less reasonable costs incurred
by such sale or storage of property, shall be held by the
landlord for the tenant for one year. If the tenant does
not claim the proceeds within one year, the proceeds shall
be the property of the landlord.
If the tenant has left personal property which is reasonably
determined by the landlord to be valueless or of such
little value that the cost of storing and conducting a
sale would probably exceed the amount that would be realized
from such sale, the landlord may notify the tenant in
writing that such property be removed by the date specified
in such notice (but not less than 15 days after delivery
or mailing of such notice), and that if such property is
not removed within the time specified, the landlord intends
to destroy or otherwise dispose of the property. If the
property is riot removed within the time specified in the
notice, the landlord may destroy or otherwise dispose of the
property.
3, The notice shall indic�.ite his election to sell specific items
of the tenant -:'s personal. property and to destroy or otherwise
dispose of the remainder of said property,
- 6-
(B) For purposes of this Section, "abandonment" shall mean that the
tenant has vacated the premises, and that: his rent is -in default
and that notice by the landlord to terminate the rental agreement
as provided in Section VIII, 1. (B) has expired.
(C) After sending written notice, as provided in Subsection (A),
the landlord shall. store all personal property of the tenant in
a place of safe keeping and shall. exercise reasonable care of
the property, but shall not be responsible to the tenant for any
loss not caused by the landlord's deliberate or negligent act
or emission. The landlord may elect to store the property in or
about the previously vacated premises. In such case, the
storage shall not exceed commercially reasonable storage rates.
If the tenant's property is removed to a commercial storage
company, the storage cost shall. include the actual charge for
such storage and removal from the premises to the place of
storage.
(D) After landlord's notice under Subsection (A), if the tenant makes
timely response in writing of his intention to remove the
personal property from the premises and does not do so within
the time specified in the landlord's notice or within thirty (30)
days of the delivery or mailing of the tenant's written response
or a mutually agreeable date (whichever is later), it shall be
conclusively presumed that: he has abandoned such property. In
the event the tenant removes the property after notice, the
landlord shall be entitled to the cost of storage for the period
the property has remained in his safe keeping,
(E) Any public sale, authorized tinder the provisions of this
Section, shall be conducted pursuant to law in such instances
made and provided,
IX. TENANT REMEDIES:
1. NONCOMPLIANCE BY LANDLORD
(A) If there is a material noncompliance by the landlord with the
rental agreement or with Section VII, 2. (D) or Section VII, 3.
the tenant may deliver a written notice to the landlord
specifying the breach and that the rental agreement will terminate
on a date not less than forty five (45) days after receipt of
the notice if the breach is not remedied in thirty (30) days.
If the breach is not remedied by the landlord in thirty (30) days,
the rental agreement shall terminate as provided in the notice.
The tenant may not terminate for a condition caused by the
deliberate or negligent act or omission of the tenant, a member
of his family, or other person on the premises with his consent,
(B) Except as provided in this Chapter, the tenant may recover
damages and obtain injunctive relief for any material noncompliance
by the landlord with the rental agreement or with Section VII, 3.
If the landlord's noncompliance is wilful, the tenant may
recover reasonable attorney's fees.
(C) If the rental agreement is terminated, the landlord shall return
all security and interest recoverable by the tenant under
Section VII, 1. and all prepaid rent:.
2, FAILURE TO DELIVER POSSESSION:
(A) If the landlord fails to deliver possession of the dwelling unit
to the tenant in compliance with the rental agreement and
Section VII, 3. rent abates until possession is delivered and
the tenant may:
1. Upon at least five (5) days' written notice to the landlord
terminate the rental. agreement and upon termination the
landlord shall return all prepaid rent and security; or
2. Demand performance of the rental agreement by the landlord
and, if the tenant elects, maintain an action for possession
of the dwelling unit against the landlord or any person
wrongfully in possession and recover the damages sustained
by him.
(B) If a person's failure to deliver possession is wilful, an
an aggrieved person may recover from that person wrongfully
in possession, an amount not more than two (2) months' rent
or twice the actual damages sustained by him, whichever is
greater, and reasonable attorney's fees.
3. SELF HELP FOR MINOR DEFECTS AND RENT WITHHOLDINGS:
(A) With respect to any single violation, the tenant may choose either
the remedy in Subsection 1 below or the remedy in Subsection 2
below, but not both.
If the landlord fails to comply with the rental agreement
or with Section VII, 3. (A) and the reasonable cost of
compliance is less than two hundred dollars ($200.00) or an
amount equal to one-half (,,) of the monthly rent, whichever
amount is greater, the tenant may recover damages for the
breach under Section IX. 1. (B) or may notify the landlord
in writing of his intention to correct the condition at the
landlord's expense. If the landlord fails to comply within
fourteen (14) days after being notified by the tenant in
writing or as promptly as conditions require in case of
emergency, the tenant may have the work done in a workmanlike
manner and, after submitting to the landlord a receipteE
bill from an appropriate tradesman, deduct from his rent
the amount thereof, not exceeding the limits specified in this
subsection; provided, that the tenant has fulfilled his
affirmative obligations under Section VI, 1.
If the landlord fails to comply with the rental agreement
or with Section VII, 3. (A), the tenant may, where the
condition has 'been cited as a code violation by the Village,
notify the landlord in writing of the tenant's intention to
withhold from the monthly rent an amount which reasonably
reflects the reduced value of the premises. If the landlord
fails to correct the condition within fourteen (14) days
after being notified by the tenant in writing, the tenant
may, during the time such failure continues, deduct from
the rent the stated amount,
(B) A tenant may not repair at the landlord's expense or withhold
rent under this Section if the condition was caused by the
deliberate or negligent act or omission of the tenant, a
member of his family or other person on the premises with his
consent.
(C) Before correcting a condition affecting facilities shared by
more than one dwelling unit, the tenant shall notify all other
tenants sharing such facilities of his plans, and shall. so
arrange the work as to create the least practicable inconvenience
to the other tenants.
4. WRONGFUL FAILURE TO SUPPLY ESSENTIAL SERVICES:
(A) If, contrary to the rental agreement, the landlord fails to supply
heat, running water, hot water, electricity, gas or plumbing,
the tenant may give written notice to the landlord specifying
the breach and after such notice may:
Proctire reasonable aniounts of heat, hot water, running
wr.:i.ter, electricity, g. -as or plumb,[ng during the period of
the landlord's noncompliance and deduct their cost from
the rent;
2. Recover damages based upon the diminution in the fair rental
value of the dwelling unit and reasonable attorney's fees;
or
3. Procure substitute housing during the period of the landlord's
noncompliance, in which case the tenant is excused from
paying rent for the period of the landlord's noncompliance.
The tenant may recover the cost of reasonable value of the
substitute housing up to an amount equal to the monthly
rent and reasonable attorney's fees.
(B) If the tenant proceeds under this Section, he may not proceed
under Sections IX, 1. or IX, 3. for that breach.
(C) The tenant may not exercise his rights under this Section if
the condition was caused by the inability of a utility supplier
to provide service or by the deliberate or negligent act or
omission of the tenant, a member of his family, or other person
on the premises with his consent.
5. LANDLORD'S NONCOMPLIANCE AS DEFENSE TO ACTION
FOR POSSESSION OR RENT
(A) In an action for possession based upon nonpayment of rent or in
an action for rent where the tenant is in possession, the tenant
may counterclaim for any amount which he may recover tinder the
rental agreement or this Chapter. In that event, the court may
order the tenant to pay into court all or part of the rent accrued
and thereafter accruing, and shall. determine the amount due to
each party. The party to whom a net amount is owed shall be
paid first from the money paid into court, and the balance by
the other party. If no rent remains due after application of
this Section, judgment shall be entered for the tenant in the
action for possession. If the defense or counterclaim by the
tenant is without merit, the landlord may recover reasonable
attorney's fees.
(B) In an action for rent where the tenant is not in possession, the
tenant may counterclaim as provided in Subsection (A), but the
tenant is not required to pay any rent into court.
6. FIRE OR CASUALTY DAMAGE:
(A) If the dwelling unit or premises are damaged or destroyed by
fire or casualty to an extent that enjoyment of the dwelling
unit is substantially impaired, the tenant may:
1. Immediately vacate the premises and notify the landlord
in writing within fourteen (14) days thereafter of his
intention to terminate the rental. agreement, in which case
the rental agreement terminates as of the date of vacating;
or
2. if continued occupancy is lawful, vacate any part of the
dwell.-ing unit rendered unusable by the fire or casualty, in
which case the tenant's liability for rent is reduced in
proportion to the diminution in the fair rental value of
the dwelling unit
3. Agree to accept alternate housing provided by the landlord,
if available,
(B) If the rental agreement is terminated, the landlord shall. return
all security recoverable under Section I and all Prepaid
rent. Accounting for rent ii'i the event of termination or
apportionment shall be made as of the date of the fire or
casualty.
(C) A tenant may not exercise remedies in this Section if the fire
or casualty damage was caused by the deliberate or negligent
act or omission of the tenant, a member of his family, or a
person on the premises with his consent.
X. HOLDOVER; ABUSE OF ACCESS:
I
If the tenant remains in possession without the landlord's
consent, after expiration of the term of the rental agreement
or its termination, the landlord may bring an action for
possession and if the tenant's holdover is wilful, the landlord
in addition may recover an amount not more than two (2) months'
periodic rent or twice the damages sustained by him, whichever
is greater, and reasonable attorney's fees. If the landlord
consents to the tenant's continued occupancy, Section 1, (D)
applies.
2. LANDLORD AND TENANT REMEDIES FOR ABUSE OF ACCESS:
(A) If the tenant refuses to allow lawful access, the landlord may
obtain injunctive relief to compel access or terminate the
rental agreement. In either case, the landlord may recover
damages and reasonable attorney's fees.
(B) If the landlord makes an unlawful entry or a lawful entry in
an unreasonable manner or makes repeated demands for entry
otherwise law]Ful, but which have the effect of harassing the
tenant, the tenant may obtain injunctive relief to prevent the
recurrence of the conduct, or terminate the rental. agreement.
In each case, the tenant may recover an amount equal to not more
than two (2) months' rent or twice the damages sustained by him,
whichever is greater, and reasonable attorney's fees.
3. NOTICE OF REFUSAL TO RENEW RENTAL AGREEMENT:
(A) If the rental agreement will not: be renewed or if a month-to-month
tenancy will be terminated, the landlord shall notify the tenant
in writing thirty (30) days prior to the termination date,
(B) If the landlord fails to give the required written notice, the
tenant may remain in his dwelling for thirty (30) days commencing
on the date that the written notice is received by the tenant.
During such period, the terms and conditions of the tenancy
shall be the same as the terms and conditions during the month
of tenancy immediately preceding the notice.
XI, RETALIATORY CONDUCT; CIVIL ACTIONS BY VILLAGE:
1. RETALIATORY CONDUCT:
(A) Except as provided in this Section, a landlord may not retaliate
by increasing rent or decreasing services or by bringing or
threatening to bring action for possession or by refusing to
renew a rental agreement because the tenant has:
1. Complained in good faith of a code violation to a
government agency charged with the responsibility for the
enforcement of such code;
2. Complained to the landlord of a Violation under Sections
VII, 2, (D) or VII, 3;
3. organized or become a member of a tenant union or similar
organization; or
4. Exercised or attempted to exercise any right or enforce any
remedy granted to him under this Chapter,
(B) If the landlord acts in violation of Subsection (A), the tenant
has a defense in any retaliatory action against him for
possession and is entitled to the following remedies; he may
recover possession or terminate the rental agreement and in
either case, recover an amount equal to and not more than two (2)
months' rent or twice the damages sustained by him, whichever
is greater and reasonable attorney's fees. If the rental agreement
is terminated, the landlord shall return all security and interest
recoverable under Section VII, Land all prepaid rent. Conduct
of a landlord subsequent to tenant activities described above in
Subsection (A) without justifiable cause may be considered
retaliation.
(C) Notwithstanding Subsection (A) and (B), a landlord may bring
an action for possession if:
1. The violation of a code was caused primarily by lack of
care by the tenant, a member of his family or other person
on the premises with his consent; or
2. The tenant is in default in rent, other than a purported
default under Section IX, 3.
2. CIVIL ACTIONS BY VILLAGE:
Whenever the Village Manager or his designee has reasonable cause
to believe that any landlord or tenant is engaged in a pattern
of practice of violating the provisions of this Chapter, the
Village may bring a civil action by filing a complaint signed
by the Village Manager, setting forth the facts pertaining to such
pattern of practice and requesting such relief, including an
application for a permanent or temporary injunction, restraining
order and damages as hereinbefore provided against the landlord
or tenant responsible for such pattern of practice, as may be
necessary to insure compliance with the provisions of this
Chapter and the full enjoyment of the rights herein established.
The foregoing does not limit the Village of Mount Prospect's
authority to institute actions pursuant to Section XIV. 3. to
enforce Section of this Chapter.
XII. ATTACHMENT OF CHAPTER TO RENTAL AGREEMENT:
A copy of this Chapter shall be attached to each written rental
agreement delivered by or on behalf of a landlord when any
such agreement is initially offered to any tenant or prospective
tenant whether such agreement is for a new rental or a renewal
thereof. Where there is an oral agreement, the landlord shall
give a copy of this Chapter to the tenant.
XIII. CONDOMINIUM CONVERSIONS:
Provisions of this Chapter that contradict, modify, expand or
limit rights of landlords or tenants established under this
Chapter shall prevail over the provisions of this Chapter for.
leases entered into or renewed subsequent to the effective date
of the Residential Condominium Ordinance.
XIV. INTERRUPTION OF TENANT OCCUPANCY:
UNLAWFUL INTERRUPTION:
It is unlawful for any landlord or any person acting at his
direction to knowingly oust or dispossess or attempt to oust or
dispossess any tenant from a dwelling unit without authority
of law, by plugging, changing, adding or removing any lock or
latching device; or by blocking any entrance into said unit; or
by removing any door or window from said unit; or by interfering
with the services to said unit, including, but not limited to,
electricity, gas, hot or cold water, plumbing, heat, or
telephone service; or by removing a tenant's personal property
from said unit; or by the use of force or threat of violence,
injury or force to a tenant's person or property; or by any other
act rendering a dwelling unit or any part thereof or any
personal property located therein inaccessible or uninhabitable.
2. EXCLUSIONS:
The provisions of Section-k.� / shall. not apply where:
(A) A landlord acts in compliance with the laws of Illinois pertaining
to forcible entry and detainer and engages the Sheriff of Cook
Cook County to forcibly evict a tenant or his personal property;
or
(B) A landlord acts in compliance with the laws of Illinois pertaining
to distress for rent; or
(C) A landlord acts pursuant to court order; or
(D) A landlord interferes temporarily with possession only as
necessary to make needed repairs or inspection and only as
provided by law; or
(E) The tenants with a right to possession of the dwelling unit have
been absent therefrom for thirty (30) consecutive days without
advising the landlor.d of such absence or their intent to return,
current rent is thirty (30) or more days overdue, and after
diligent inquiry the landlord has reason to believe th,,M tenants
have abandoned the premises and do not intend to return.
3. FINES:
(A) Each member of the Police Department, while on duty, is hereby
authorized to arrest any person who is found to have violated
any of the provisions of Section �V �1,
(B) Any person found guilty of violating Section shall be fined
not less than 7wo Hundred Dollars ($200.00) nor more than Five
Hundred Dollars ($500.00), and each day that such violation
shall occur or continue shall constitute a separate and distinct
offense for which a fine as herein provided shall be imposed.
4. CIVIL REMEDY:
If a tenant in a civil legal proceeding against his landlord
establishes that a violation of Section=ii has occurred he
shall be entitled to recover possession of his dwelling unit
or personal prcperty and shall recover an amount equal to not
more than two (2) months' rent or twice the actual damages
sustained by him, whichever is greater, and reasonable attorney's
fees. A tenant may pursue any civil remedy for violation of
this article regardless of whether a fine has been entered
against the landlord pursuant to Section
5. TENANT'S RIGHT TO TERMINATE:
If a landlord or any person acting at his direction violates
Section, , / the tenant shall. have the right to teniii.nate the
rental agreement by sending, the landlord written notice of his
intention to terminate within three (3) days of the violation.
If the rental agreement is terminated, the landlord shall return
all security deposits, prepaid rent and interest to the tenant
in accord with Section—V
,=1 / ..
CHAPTER TWO Inspections and Enforcement
I. INSPECTIONS
(A) Common Areas: The Village Manager or his designee shall be
authorized to conduct regular inspections Of common areas of
multi -family rental structures, which shall include, but not
be limited to: all hallways, stairways, lobbies, utility
rooms, laundry rooms, storage rooms, recreation rooms, grounds,
refuse areas, parking areas, building extensions, signs and
other areas designated as common areas for the purpose of
enforcing the Municipal Code of the Village of Mount Prospect.
(B) Rental Units: The Village Manager or his designee shall be
authorized to conduct regular inspections of rental units for
the purpose of enforcing the Municipal Code of the Village
of Mount Prospect.
(C) Complaints: The Village of Mount Prospect or his designee shall
be authorized to conduct inspections of rental units or common
areas of multi -family rental structures upon receipt of
complaint(s) for the purpose of enforcing the Municipal Code
of the Village of Mount Prospect.
II. NOTIFICATION
The property owner or his agent shall be notified prior to any
licensing inspection.
FalgervIT1.0
N
Licensing
LICENSING
(A) No person or association shall. operate a rental multiple dwelling
structure unless he holds a current, unrevoked operating license
issued by the Village of Mount Prospect in his name for the
specific named multiple dwelling.
(B) Every operating license shall be issued for a period on one (1)
year from its date of issuance unless sooner revoked, and may
be renewed for successive periods of not to exceed one (1) year,
(C) The Village Manager is hereby authorized upon application therefor
to issue new operating licenses, and renewals thereof, in the
names of applicant owners or operators of multiple dwellings.
No such licenses shall be issued unless the multiple dwelling
in connection with which the license is sought is found after
inspection to meet all Village of Mount Prospect Code require-
ments, and of applicable rules and regulations pursuant thereto.
(D) No operating license shall be issued or renewed unless the
applicant, owner, or operator has first made application therefor
on an application form provided by the Village of Mount Prospect.
(E) Condominium and townhouse associations are exempt from the
licensing provisions of this ordinance.
II. INVESTIGATIONS AND INSPECTIONS
No operating license shall be issued or renewed unless the
applicant owner or operator agrees in his application to such
inspections as the Village Manager may require to determine
whether the multiple dwelling in connection with which such
license is sought is in compliance with the provisions of the
Village of Mount Prospect Codes and with applicable rules and
regulations pursuant thereto.
III. FEE
(A) No operating license shall be issued or renewed unless the
completed application form is accompanied by payment of a
license fee.
(B) The annual fee for operating licenses for multiple dwellings
shall be: $7.00 per dwelling unit.
IV. DESIGNATION OF AGENT
(A) No operating license shall be issued or renewed for a nonresident
applicant, unless such applicant designates in writing to the
Village Manager the name of his agent for the receipt of
service of notice of violation of the provisions of the Village
of Mount Prospect Codes and for service of process pursuant
to this ordinance.
(B) No operating license shall be issued or renewed for a resident
applicant unless such applicant has first designated an agent
for the receipt of service of violations of the provisions of
the Village of Mount Prospect Codes and for service of process
pursuant to these codes when said applicant is absent from
Mount Prospect for thirty (30) or more days. Such a designation
shall be made in writing, and shall accompany each application
form.
V. RENEWAL
An application for license should be made thirty (30) days prior
to the expiration of the present operating license.
VI. NOTICE OF CHANGE
Each license shall be displayed in a conspicuous place within
the common ways of the multiple dwelling, Every person holding
an operating license shall give notice in writing to the Village
Manager within twenty-four (24) hours after having transferred
or otherwise disposed of the legal. control of any licensed
multiple dwelling. Such notice shall. include the name and
address of the person or persons succeeding to the ownership
or control of such multiple dwellings.
VII. VIOLATIONS AND SUSPENSIONS
(A) Whenever, upon inspection of the licensed multiple dwelling,
the Village Manager find-, that conditions or practices exist
which are in violation of the provisions of this ordinance or
of any of the Village of MoLijit, Prospect Codes or of Tiny
applicable rules and regulations pursuant thereto, he shall
serve the owner or operator with notice of such viol,,ition or
violations. Such notice shall. state that unless the violations
cited are corrected with reasonable time, the operating license
may be suspended.
(B) At the end of the time he has allowed for correction of any
violation cited, the Village Manager or his duly authorized
representative shall. reinspect the multiple dwelling, and if
he determines that such conditions have not been corrected, he
may issue an order suspending the operating license.
(C) Any person whose license to operate multiple dwelling has been
suspended shall be entitled to reconsideration. If no request for
reconsideration or petition for hearing reaches the Village
Manager within twenty-one (21) days following the issuance of
the order of suspension, the license shall be revoked, except
that prior to revocation any person whose license has been
suspended may request reinspection, upon a showing that the
violation or violations cited in the notice have been corrected.
(D) If upon reinspection, the Village Manager finds that the
multiple dwelling in connection with which the notice was
issued is now in compliance with this ordinance and with applicable
rules and regulations issued pursuant thereto, and with Village
of Mount Prospect Codes, he shall. reinstate the license. A
request for reinspection shall not extend the suspension period,
unless the Village Manager grants such requests.
VIII. ENFORCEMENT
The Village Manager and his duly authorized representatives
are hereby authorized to enforce the provisions of this ordinance
and for such enforcement shall have the right to enter upon
the premises. The Village Manager may direct the Village
attorney to take any appropriate action in law or equity in
any count of competent jurisdiction to obtain compli.ince.
Ix. PENALTIES
Any person violating any provision of this ordinance shall be
fined not more than one thousand dollars ($1000.00) f -or each
offense; and a separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
(Exception) No person acting as managing agent or collector
of rents of any property involved in any proceeding because
of violations or alleged violations of the provisions of this
ordinance shall be liable therefor if such person shall within
five (5) days after receipt of notice of any alleged violation
-/7-
or of summons, have notified the owner or owners of the
property or the employer of such person of the purported
violation or violations of any provision or provisions of this
ordinance in writing, by registered United States Mail, or
otherwise, and shall have delivered to the Village Manager a
copy of such notice with proof of service thereof on the
owner, owners or employer.
COMMITTEE OF THE WHOLE
JULY 13, 1982
I. ROLL CALL
Mayor Krause called the meeting to order at 7:30 p.m.,
in the Public Safety Building, 112 East Northwest
Highway. Present at the meeting were: Mayor Krause,
Trustees Ralph Arthur, Gerald Farley, Leo Floros,
Edward Miller, Norma Murauskis and Theodore Wattenberg.
Also present at the meeting were: Village Manager
Terrance Burghard, Assistant Village Manager Jay Hedges,
Director of Management Services John Hedstrom, Director
of Health Services Patrick Luebring and approximately
six persons in the audience.
MINUTES
The Minutes of the Committee of the Whole meeting of
June 22, 1982 were reviewed and filed,
III. CITIZENS TO BE HEARD
Mr. Foley, of 12 South Louis, inqu I ired of the Committee
of the Whole as to the reasons for his recent increase
in Real Estate Taxes. Mayor Krause referred to a chart
that had been put on display by the Village staff showing
the pattern of taxation under the authority of the
Village of Mount Prospect for the past five years. The
chart showed that in 1977 the total taxes for the portion
of Village expenditures was $4,129,000. It declined in
1979 to $3,094,000 and in 1981 was at $4,430,000. This
represents a 4,87% percentage increase between the years
of 1977 and 1981. It was also pointed out that part of
the Village Levy includes Property Taxes for the Library.
The Library in 1977 had Property Taxes amounting to
$450,000 and in 1981, they were $1,036,000. This
represents a 230% increase, After some further general
discussion regarding the Village Budget, the efforts of
the Board in the past to control expenses and service
growth, Mr. Foley inquired as to the dates of the Library
Board meetings and indicated that he would visit the
Library as well as some of his School Districts.
IV. MUNICIPAL FINANCES
Mayor Krause introduced the matter and indicated that the
Board had instructed the staff during the Budget preparation.
process to begin work on the reviewing of potential sources
for additional revenue for the subsequent fiscal year. It
was pointed out that the current Village budget, while
balanced, depends upon one-time revenues in the amount of
$115,000, income tax and sales tax projections that
predicted an earlier turn -around of the economy, and other
revenues that are dependent upon grants and/or other agency
controls such as the State and Federal government.
Anticipating certain normal increases in the subsequent
year fiscal budget, the Board asked the staff to prepare
some alternatives to produce an additional $500,000 for
next fiscal year. The matter before the Committee of the
Whole presently was the institution of a 1% sales tax on
foodand beverages within the community exclusive of those
sales at grocery stores. This 1% tax would generate
approximately $208,000 annually. Mr. Shumway, representing
the Mount Prospect Chamber of Commerce, distributed to
the Mayor and the Board a letter from the Chamber opposing
the institution of a new Sales Tax upon the food and beverage
industry.
A.eneral discussion pussion among the Committee of the Whole then
ensued with some members reluctant to enact a new tax and
inquiry was made as to potential for other revenue sources
such as increases to dog licenses, vehicle licenses,
cigarette taxes or gasoline taxes. It was the general
feeling of the Committee of the Whole that any new revenues
should come from sources that are not burdensome upon the
public or tax basic necessities. The Village Manager was
instructed to prepare a. Food and Beverage Ordinance for
a first reading at the meeting of August 3. At that time,
the Chamber of Commerce is to be adequately notified for
their further input. Secondly, the Village Manager is to
prepare an Ordinance increasing the vehicle license fees
from its present $10.00 limit to a'$20.00 license with an
additional $10.00 for penalties after purchase of May 1
of any fiscal year.
V. MUNICIPAL CONFERENCE TAXI. CAB REPORT
The Committee of the Whole reviewed briefly the report
on taxi cab deregulation and standardization. The
Committee of the Whole brought two matters of concern
to the Manager's attention; they were, how will the
Village Senior Program operate under the proposed system
and will the operation cost more or less money to the
Village? The second general area of concern was how can
we be assured that our service level which is now estimated
-2-
to be good, can in fact be improved in the future? The
Committee of the Whole was reluctant to proceed with the
Study at this time until the Manager could answer the
above-named questions and the administration was directed
to place this item on a subsequent Agenda.
V. PUBLIC SWIMMING POOL REGULATIONS
Mr. Pat Luehring, Director of Health Services, reviewed
for the Committee of the Whole an Ordinance amending the
Municipal Code to regulate public swimming pools in the
municipality by adoption of State standards, Currently,
the Health Department administers the State standards
through. delegation of authority from the State to the
County to the City. Inclusion of this Ordinance in the
Municipal Code would authorize the Village if and when a
problem occurs, to use our local court system rather than,
referring the matter to the County or to the State for
final enforcement. After some general discussion, the
Committee of the Whole instructed the Manager to place
this item on.a subsequent Village Board Agenda as formal
adoption and an amendment to our Municipal Code.
VI. MANAGER'S REPORT
Trustee Flor ' os inquired as to the status of the senior
citizen housing at CENTENNIAL PARK. The Manager responded
that the housing should be available sometime in August
or September of this year and at that time, we will plan
a combined dedication of the housing project and the Park
developed by the Village immediately adjacent to the
housing. Trustee Floros inquired as to the potential for
delay on the LAKE MICHIGAN WATER line given the State
action recently to preclude the Village's use of Elmhurst
Road, south of Golf, The Manager indicated that the
State had eased its position. somewhat and would now allow
the Village to use Elmhurst Road if that were the only
route available. The Water Agency is looking at an
alternate route up Busse to'some convenient east/west street
such as Lincoln or Council Trail. If this second route
proves to be cost-efficient to the Agency, we would then
move the line from Elmhurst Road.
Assistant Manager Hedges reported on the status of the
LANDLORD/TENANT ORDINANCE indicating that a meeting had
taken place on Thursday, July 8 with. interested landlords
and tenants. Mr, Hedges also distributed a memo outlining
the proposed components of the Landlord/Tenant Ordinance
including landlord/tenant dispute resolution. The
administration believes we can have something before
the Mayor and the Board in formal written form of an
Ordinance by this fall,
-3-
vi I.
The meeting was
"rl,R/ c
ljo rnled at 10:18 p�Asa.
Vill1a,94, Manager
This letter is in reference to the determination by the
President and Board of Trustees of the Village of Mount Prospect
to establish a special service area consisting of that portion
of the Village which obtains its water supply from Village
sources (other than a supply through Citizens Utility Company).
It is my understanding that the proposed special service area
is to be established for the purpose of funding Mount Prospect's
portion of the capital improvement costs to be incurred by
the "Joint Water Agency" in bringing Lake Michigan water to
Village residents. It is my further understanding that cer-
tain cash flow requirements regarding this situation are to
be funded through issuance of special service area bonds and
the other capital improvement costs to be borne by the Village
from year to year are to be funded by a special service area
tax levy.
The statutory requirements pertaining to special service
areas are contained in Chapter 120, Section 1301-1311, Illinois
Revised Statutes. The first step is for the Village to adopt
an ordinance proposing the establishment of the special service
area (which ordinance shall contain a metes and bounds legal
description of the proposed area, the purpose for establishing
the same, and shall further set a date, not less than 60 days
after adoption of the ordinance, for conducting a public hearing
on the establishment of the special service area and the issu-
ance of bonds or levy of taxes pertaining thereto). As an ad-
ditional requirement, following the adoption of the ordinance
proposing to establish the special service area and setting
a date for public hearing thereon, the Village must publish a
WI.A
LAW OFFICES
PEDERSEN & HOUPT
PEER PEDERSE1-
RICHARD V. HOUPT
A PROFESSIONAL CORPORATION
A ocr COULD
GEORGE L. PLUMB
JAMESJ. CLARKE It
JAmEs K. STUCKO
180 NORTH LASALLE STREET - SUITE 3400
THEODORE E. CORNELL III
PETER ()'CONNELL KELLY
TmoI,L,s J. KELLY
CHICAGO, ILLINOIS 60601
JONATHAN B. GILDERT
MAN] RT
LEE RoBER0
SHELDON DAVIDSON
(312) 041-6888 r;--; IV ED
MAN C D. JANSEN
THOMAS F. BRETT 11
GREGORY J. PERRY
DAVID C. NEWMAN-
R-te,
ALIAN 1. NATHAN
HERBERT
E RDERTJ. LIMN
'GE 1'�,gAGER
VILU,
A.L` 111. HOLTZMAN
THUR
DONALD J. MORN
PAUL S. Ai.TmAv
J. DAVID BANNER
July 16, 198
JOHN HN P. BUNKE
JOHN H. MVEHLSTEIN
ARTHUR B. STERNBERG
STEVEN M STONE
PA7 RICIAJ. COONS
JAMES K. HENEGAN
JEFFREY W FRANK
tjUL
ROBERT M. SHOWRONSXT
LINDA B. MoTz
Mr. Terrance L. Burghard
Village
Manager
OF COUNSEL
GERALD H. PUGH
100 South
Emerson
Mount Prospect,
IL 60056
Re:
Establishment of Mount Prospect Special
Service Area No. 5
Ee5�alProcedures
Dear Mr.
Burghard:
This letter is in reference to the determination by the
President and Board of Trustees of the Village of Mount Prospect
to establish a special service area consisting of that portion
of the Village which obtains its water supply from Village
sources (other than a supply through Citizens Utility Company).
It is my understanding that the proposed special service area
is to be established for the purpose of funding Mount Prospect's
portion of the capital improvement costs to be incurred by
the "Joint Water Agency" in bringing Lake Michigan water to
Village residents. It is my further understanding that cer-
tain cash flow requirements regarding this situation are to
be funded through issuance of special service area bonds and
the other capital improvement costs to be borne by the Village
from year to year are to be funded by a special service area
tax levy.
The statutory requirements pertaining to special service
areas are contained in Chapter 120, Section 1301-1311, Illinois
Revised Statutes. The first step is for the Village to adopt
an ordinance proposing the establishment of the special service
area (which ordinance shall contain a metes and bounds legal
description of the proposed area, the purpose for establishing
the same, and shall further set a date, not less than 60 days
after adoption of the ordinance, for conducting a public hearing
on the establishment of the special service area and the issu-
ance of bonds or levy of taxes pertaining thereto). As an ad-
ditional requirement, following the adoption of the ordinance
proposing to establish the special service area and setting
a date for public hearing thereon, the Village must publish a
PEDERSEN &
Mr. Terrance L. Burghard
July 16, 1982
Page Two
notice of public hearing at least 15 days prior to the date of
hearing and must further mail by ordinary mail a notice of hearing
to each taxpayer paying real estate property taxes on property
located within the proposed special service area, at least 10
days prior to the hearing.
The second step involved in this procedure is to hold the
public hearing. After such hearing is adjourned there is an
additional period of 60 days during which a petition signed
by 51% of the electors residing within the area and by 51%
of the owners of record of land located within the area may
be filed, protesting the establishment of such special service
area; in which event a timely filing of such petition would
act to terminate any further consideration of the special
service area for a period of not less than two years.
In the event that no such petition is filed during the
60 -day filing period, then the Village would adopt an ordinance
creating the district and issuing bonds and levying taxes; a
certified copy of which ordinance would have to be filed in
the office of the County Clerk by no later than December 31,
1982, if the levy of taxes was to be accomplished for the
tax year 1982, to be collected in 1983.
To put these various procedural steps into a timetable
it would appear that the latest time in which the Village
could adopt the ordinance proposing the special service area
would be Tuesday, September 7, 1982, to be followed immediately
thereafter by a publication of a 15 -day notice for the purpose
of conducting a public hearing on some date during the last
full week of September. This will allow the 60 -day petition
period to commence on or about October 1, and to expire on
or about November 30, 1982. The subsequent ordinance to create
the special service area and to issue bonds and authorize a
levy of taxes for the tax year 1982 would have to be passed
by Tuesday, December 21, 1982, and a certified copy thereof
-subsequently filed in the office of the County Clerk prior
to December 31, 1982.
From a work load standpoint this means that the public
hearing notices to be mailed to taxpayers with addressed en-
velopes must be completed and ready for mailing by no later
than Thursday, September 16, 1982. In addition, if bonds are
to be sold the pertinent advertisements should be undertaken
sometime during the month of November, prior to the expiration
of the 60 -day petition period.
P�bERSEN & floul-
Mr. Terrance L. Burghard
July 16, 1982
Page Three
As a final request, please attempt to provide me with a
map and pertinent legal description of the proposed special
service area as soon as possible so that I can commence work
with Chapman and Cutler to prepare the initial ordinance which
will be approved by Chapman and Cutler prior to submission
to the Village Board for adoption.
Very truly yours,
�4 44
David C. Newman
DCN: mb